Kanchan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52965 of 2021 Arising Out of PS. Case No.-349 Year-2019 Thana- SONO District- Jamui ====================================================== 1.

Kanchan Manjhi Son Of Ghuran Manjhi Resident Of Village - Sono (Lilatari), P.S.- Sono, Distt.- Jamui.

2.

Vijay Manjhi @ Basma Bogla Bhuya Son Of Sama Bhuiya Resident Of Village - Jingora Shath Kothi Near Hanuman Temple, P.S.- Tisra Alkadiha, Distt.- Dhanbad (Jharkhand).

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Sen Prasad For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with Sono P. S. Case No.349 of 2019, instituted for the offences under Sections 147, 148, 149, 324, 325, 307, 341, 323, 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioners submits that the petitioners are in custody since 13.03.2021, they are persons with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioners submits that the informant alleges that on 25.11.2019, while the father of the

Patna High Court CR. MISC. No.52965 of 2021(2) dt.10-02-2022 2/3 petitioner had gone to attend the nature's call the petitioners along with named accused persons armed with sword, pistol and iron rod assaulted the father of the informant leading to injuries and he became unconscious. It is further alleged that on coming to know about the occurrence, the informant reached the place of occurrence Jattu Manjhi opened fire on which the informant fled out of fear. The father of the petitioner was referred from Primary Health Centre, Sono to Sadar Hospital, Jamui, but he died on the way.

The learned counsel for the petitioner submits that informant is not an eye witness to the occurrence and as such, allegation of assault is general and omnibus in nature. The learned counsel further submits that similarly situated coaccused persons namely, Sanjay Manjhi, Jatu Manjhi and Ghuran Manjhi have been granted bail by order dated 23.02.2021 in Cr. Misc. No.30665 of 2020.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody, they are persons with clean antecedent, charge-sheet has been submitted in the case and similarly situated co-accused persons have been granted bail, the petitioners, above-named,

Patna High Court CR. MISC. No.52965 of 2021(2) dt.10-02-2022 3/3 are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Bharti Kumari, learned Judicial Magistrate, 1st Class, Jamui in connection with Sono P. S. Case No.349 of 2019. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T